CALGARY, Alberta, April 11 (Reuters) - Canada's SupremeCourt on Thursday declined to hear an Alberta aboriginal group'sapplication to block an upcoming regulatory decision for a RoyalDutch Shell oil sands development.
The aboriginal group sought the block because it was notadequately consulted.
The country's top court did not give reasons for refusing tohear the case, which was also dismissed by the Alberta Court ofAppeal in November.
The Athabasca Chipewyan First Nation argued that theregulatory panel weighing Shell's application for its Jackpinemine expansion in northern Alberta should consider whether thegovernment met its constitutional duty to consult the nativegroup.
However, the Joint Review Panel said it did not have thejurisdiction to consider the question and added that, even if itdid, it would be premature to rule whether the governmentfulfilled its duty at that stage of the proceedings.
Athabasca First Nation Chief Allan Adam said he was "trulydisappointed" with the Supreme Court decision.
"We understand that this Joint Review Panel was supposed touphold everyone's constitutional rights; why has there been anexception with regards to First Nations' consultation rights?Government must be held accountable to their treatyobligations," Adam said in a statement.
Native issues are taking on increasing profile as energydevelopment in Canada expands rapidly close to aboriginalcommunities.
The regulatory hearing for Shell's 100,000 barrel a dayexpansion project was completed in November and Shell isawaiting a decision.
Adam said the First Nation will now decide whether to tryother legal strategies.
The case is Athabasca Chipewyan First Nation v. EnergyResources Conservation Board acting in its capacity as part ofthe Joint Review Panel and Joint Review Panel, Shell Canada Ltd,Minister of Justice and Attorney General of Alberta, AttorneyGeneral of Canada (35193).
